5D - Recommendation to City Council on an ordinance amending the regulatory wetlands maps under the Wetlands Protection Ordinance (Chapter 9-3, B.R.C.)
CITY OF BOULDER
PLANNING BOARD AGENDA I'T'EM
MEETING DATE: April 16, 2009
AGENDA TITLE: Public hearing and consideration of a recommendation to City Council on
an ordinance amending the regulatory wetlands maps under the Wetlands Protection Ordinance
(Chapter 9-3, B.R.C.) including:
1. changes to stream, wetland and water body categories;
2. changes to buffer widths; and
3. removal of Twomile Canyon Creek.
REQUESTING DEPARTMENT:
Ruth McHeyser, Executive Director of Community Planning
Maureen Rait, Executive Director of Public Works
David Driskcll, Deputy Director of Community Planning
Susan Richstone, Long Range Planning Manager
Jeff Arthur, Engineering Review Manager
Bev Johnson, Environmental Planner
Katie Knapp, Civil Engineer Il
FXECUTIVE SUMMARY:
The purpose of this item is for Planning Board to make a recommendation to City Council on an
ordinance amending the regulatory wetlands maps under Section 9-3-9, B.R.C. 1981, "Wetlands
Protection" (Attachment A)_ These maps (as referenced in Attachment C) will constitute the
regulatory maps for the revised stream, wetland and water body ordinance.
City Council adopted a new set of wetland regulatory maps in November 2007 with a provision
for a transition period between the old reaps (from 1992) and a new set of maps until the
wetlands ordinance is revised. The new maps were developed as part of a comprehensive
wetland remapping project in 2004. During the current transition period, the less restrictive
regulatory area between the old and new maps is applied on private property. Upon adoption of`
the ordinance in Attachment A, the old maps will no longer be in effect.
In addition to removing the old maps from the regulation, staff is proposing changes to the 2004
maps to reflect recent policy direction for the revised ordinance. Most changes to the 2004 maps
are contractions of'wetland or buffer area boundaries as a result of the new method of classifying
streams, wetlands and water bodies (Attachment B). In addition, eight properties along Two-
mile Canyon Creek will no longer be regulated under the wetlands ordinance.
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Following Planning Board's recommendation, staff will schedule the map adoption, revisions to
the wetlands protection overlay district, and revisions to the fee schedule for consideration by
City Council.
PUBLIC COMMENT AND PROCESS:
Landowners have been notified of the 2004 comprehensive wetland remapping several times
throughout the past four years. Several public meetings were held on the proposed maps prior to
council adoption of the maps in 2007. Most recently, notice of the proposed ordinance in
Attachment A was published in the Daily Camera and on the project Web site. Notice also was
sent to individual landowners that have subscribed to the city's E-News list.
STAFF RECOMMENDATION:
Staff recommends that Plaruling Board recommend to City Council adoption of the ordinance
amending the regulatory wetlands maps under the Wetlands Protection Ordinance (Chapter 9-3,
B.R.C.) including:
1. changes to stream, wetland and water body categories;
2. changes to buffer widths, and
3. removal of Two-mile Canyon Creek.
ANALYSIS:
Background
In fall 2004, staff completed a comprehensive mapping and functional evaluation of all streams,
wetlands and water bodies within the city limits. The project resulted in a document titled, "City
of Boulder, Comprehensive Wetland Remapping Project, October 18, 2004." Several public
meetings and Planning Board hearings were held from late 2004 to August 2007 on the proposed
new wetlands maps. During that period, several issues were raised by landowners and the board
about the Wetlands Protection Ordinance that has been in effect since 1993. The primary
concerns were related to the regulation of a buffer area outside the boundaries of the wetland. To
address these concerns, staff completed a buffer area study in April 2007 that provides the
scientific basis behind wetland and stream buffers. The study also compares wetland regulatory
models across the country and outlines options for restructuring the city's regulatory approach.
On October 2, 2007, City Council adopted the new regulatory wetlands maps and functional
evaluations, as included in the comprehensive wetland rernapping project report, and provided
for a transition period between the old maps and the 2004 maps. Until changes to the Wetlands
Protection Ordinance are considered for adoption by council, the less restrictive regulatory area
is applied to private property.
Under the proposed ordinance (Attachment A), the 2004 maps would be re-adopted by City
Council without the a transition period between the old maps and the new maps. In other words,
the original maps adopted in December 1992 would no longer be applicable.
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Proposed Changes to the 2004 Maps
In addition to removing the old maps from the regulation, staff is proposing three major changes
to the 2004 maps to reflect recent policy direction for the revised wetlands ordinance. The
following is a discussion of those changes:
.i. Change to the strewn, wetland and water body designations from "Significant" and
"Not Significant" to "High Functioning" and "Low Functioning."
The current wetland regulatory maps designates wetlands as either "Significant" or "Nut
Significant" as defiried in Chapter 9-16 of the Boulder Revised Code. The current buffer
widths of 25 and 50 feet are based on these designations as defined in the code. The
proposed revisions to the wetlands ordinance that were reviewed by Planning Board on
March 19 specifies new categories of either "High Functioning" or "Low Functioning"
based on the total numerical value of specific functions. The proposed change to the
regulatory maps reflects the new methodology for designating streams, wetlands and
water bodies.
2. Change to the buffer area widths to reflect the new designations and buffer width
approach.
Staff is proposing a total buffer width of either 50 feet (High functioning) or 25 feet
(Low Functioning) on wetlands, stream reaches and water bodies. With a three-zone
regulatory system, the buffer area would be divided into a 25-foot inner buffer and a 25-
foot outer buffer for "High Functioning" streams, wetlands, and water bodies. "Low
Functioning" wetlands, streams, and water bodies would have only one 25-foot buffer.
The table below shows the proposed widths of buffers by stream, wetland and water body
category under a three-zone system.
Proposed .l3ufir Widths under a Three-"Lone System-
Stream, Inner Buffer Outer Buffer Total Buffer
Wetland, or Width Width Width
Water Body
Designation
High 25 feet 25 feet 50 feet
Functioning
Low 25 feet 0 feet 25 feet
Functioning
3. Removal of Two-mile Canyon Creelc from the regulatory maps.
Staff is proposing to remove the Two-mile Canyon Creek from the regulatory maps
because it does not meet the definition of a perennial, ephemeral, or intermittent stream.
Although portions of the creek have been regulated under the ordinance since 1993 and
the entire creek was mapped as an ephemeral stream in the 2004 Comprehensive
Wetlands Remapping Project, considerable changes to the watershed since that time have
altered the hydrologic conditions in the creek. As a result, Two-Mile Canyon Creek no
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longer carries surface water in a typical year and does not meet the definition of an
ephemeral stream under the proposed definition.
The hydrology of,rwo-Mile Canyon Creek was altered after the construction of the Pine
Brook Dam in 2005. The dam prevents upstream flows from a portion of the drainage
basin from entering the channel. A sediment pond located northwest of the intersection
of Linden Avenue and Wonderland Hill Avenue also intercepts flows along the creek.
Silver Lake Ditch intercepts and diverts flows from the channel to the ditch just
downstream from the sediment pond.
Staff visited the creek in several locations after a large ston-n event this past summer and
observed no stream flow. The lack of observed flows in the channel supports the
assertion that the hydrology has been altered. The residents claim that they have not
observed flows in the channel for the past five years. Historic precipitation information
provided by several landowners demonstrates that a "typical year" of precipitation has
occurred within the last five years.
Implications of the Proposed Ordinance
For most properties, no change will result from adoption of the new maps as referenced in
Attachment C. The changes that will occur are primarily the result of. 1) the addition of new
stream reaches and wetlands to the regulatory maps, 2) contractions of'wetland or stream
boundaries as a result of more accurate mapping procedures, or 3) a change to the stream,
wetland or water body category.
The following is a summary of the number of properties affected by the proposed new regulatory
stream, wetland and water body maps:
Private properties added to the regulatory maps: 65 properties
Private properties with an increased wetland area: 8 properties
Private properties removed from the regulatory maps: 8 properties (Two- mile
Canyon Creek)
The following is a summary of the number of'wetlands or stream reaches with a proposed change
to the buffer width (see Attachment B for a location of these changes):
Stream reaches, wetlands or water bodies with buffer widths
changing from 50 to 25 feet: 25
Stream reaches, wetlands or water bodies with buffer widths
changing from 25 to 50 feet: 2
Sixty-five private properties that are not currently regulated under the wetlands ordinance would
be regulated under the proposed map ordinance in Attachment A. Those properties are adjacent
to the following wetlands and stream reaches that have not been regulated during the interim
period include the following (wetlands numbers are in parentheses):
I . Gregory Canyon Creek from Baseline Rd. to Euclid Ave. (40502)
2. Three mitigation ponds in Fourmile Subdivision (40105, 40106)
3. Wonderland Creek south of Iris and west of Foothills Pkwy.(40209, 40210)
4. Goose Creek (several segments between Folsom Ave and 30`x' St.)(40402)
5. North and south Goose Creek east of Foothills Pkwy. and north of Pearl Parkway
(40405,40406)
6. Wonderland Creek between Valmont and Pearl Pkwy. (40212)
7. Fourmile Canyon Creek (small segment on Open Space and Mountain Parks property
south of Lee Trill Rd.)(40101)
S. Mitigation ponds east of the East Boulder Recreation (:enter (40902)
9. King's Gulch from the city limits to 15`~ St. (40605)
10. A portion of an unnamed drainage way between Hartford and Ithaca (40701)
11 _ The westernmost portion of Bear Creek within the city limits (40702)
NEXT STEPS:
Following Planning Board's recommendation, staff will schedule the map adoption, revisions to
the wetlands protection overlay district (Section 9-3-9) and revisions to the wetland permit fee
schedule (Section 4-20-53, "Wetland Permit and Map Revision Fees," B.R_C. 1951) for
consideration by City Council. The tentative date for the first reading is April 21. The second
reading of an ordinance is scheduled for May 5.
Approved By:
c ~
A
RL,tL McHeyscr, EXecu ive Director of Community Planning
ATTACHMENTS:
A: Proposed Ordinance Amending Section 9-3-9, "Wetlands Protection," B.R.C.
1981.
13: Map of Proposed Changes to Buffer Area Widths.
Proposed Stream, Wetland and Water Body Regulatory Areas
Agnub 1-06L_ 01-5
ATTACHM ENT A:
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 9-3-9, "WETLANDS
PROTECTION," R.R.C. 1981, BY REPEALING, REENACTING,
AND ADOPTING BY REFERENCE TFIE WETLANDS MAPS
OF THE CITY OFBOULDER AND THE WETLANDS
FUNCTIONAL EVALUATIONS; AND SETTING FORTH
RELATED DL:TAILS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. The city council finds that it is appropriate from time to time to adopt new
stream, wetland and water body maps establishing new stream, wetland and water body
boundaries on the maps, consistent with the legislative intent of Section 9-3-9, "Stream,
Wetland, and Water Body Protection," B.R.C. 1981.
Section 2. The city council finds that the new stream, wetland and water body boundary
determination was completed in accordance with the procedures in the 1987 Corps of Engineers
Wetlands Delineation Manual as set forth in Paragraph 9-3-9(k) "Stream, Wetland and Water
Body Boundaries," B.R.C. 1981 and according to the definitions of a stream, wetland and water
body as set forth in Subsection 9-16-1(c) "Stream," "Wetland," or "Water Body," 13.1t.C. 1981.
Section 3. The stream, wetland and water body map referred to in Section 9-3-9,
"Stream, Wetland and Water Body Protection," B.R.C. 1981, is hereby enacted and adopted as
shown in Fxhibit A, attached to this ordinance and incorporated herein by reference. This map
shall be the official city strean-i, wetland and water body map and is a summary of the more
detailed maps adopted by reference in Section 9 of this ordinance. All other- previously adopted
maps adopted as a part of Section 9-3-9, "Wetlands Protection," B.R.C. 1981, are repealed.
S:IPLANIPB-I'I'EMSIMEMOSIbjwellands 4.16.09.doc AGENDA ITEM B Pale 6
Section 4. The council deems it appropriate, to adopt by reference the following: (a)'the
detailed stream, wetland and water body mapping and functional evaluation report entitled "City
of' Boulder, Comprehensive Wetlands Remapping Project" dated October 18, 2004; and the
detailed stream, wetland, and water body maps entitled " " and dated
The above described documents arc hereby adopted by this reference.
Section 5. The city council orders that a copy of the stream, wetland and water body
mapping and linnctional evaluation report entitled "City of Boulder, Comprehensive Wetlands
Remapping Project" and dated October 18, 2004 and add doc title front
above _ proposed for adoption by this reference be on file with the city clerk and
open to public inspection during the business hours of the city pending the adoption of this
ordinance. Following adoption, the planning department shall maintain a reasonable supply of
copies for purchase by the public for a reasonable price.
Section 6. The city council finds that it is appropriate to adopt the new stream, wetland
and water hotly maps to more accurately reflect streams, wetlands and water bodies with
information that has been updated since the last adoption of the wetlands map.
Section 7. The city council deems that the maps approved by this ordinance include the
subsequent legislation anticipated by Ordinance No. 7558 and orders that the transition provision
of said ordinance be repealed upon the adoption of this ordinance. 'T'herefore, the City Council
repeals Section 7 of Ordinance 7558.
Section 8. The city council directs the city manager to implement the provisions of this
ordinance on all activities, applications, or permits commenced on or after the effective date of
this ordinance.
S:TLAN11 BATEMSIMENIOSIbjwedands 4.16.09.doc AGENDA ITEM B Page 7
Section 9. The City Council orders that this ordinance be applied to all permits requested
after the effective date of this ordinance.
Section I0. The ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
Section 1 1. The council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this _th day of , 2009.
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
PUBLISHED BY TITLE ONLY this _ day of , 200
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
S:\PLAN\PB-I'T'EMS\MEMOS\bjweUands 4.16.49.doc AGENDA ITEM B Page 8
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